Monthly Archives: July 2021
Partnership Disputes In Florida: What Is An Accounting?
Partnership disputes can be some of the most challenging commercial disputes to resolve. While business partners are supposed to be on the same team, they may not always see eye-to-eye. When a disagreement grows into a full blown dispute it can cause real damage to the partnership. In Florida, business partners may be able… Read More »
Shareholder Disputes: What Is A SPAC?
On July 13th, 2021, the Securities and Exchange Commission (SEC) announced the settlement of charges involving a SPAC (special purpose acquisition company). It is one of the first times that the federal agency has taken successful enforcement action in a case involving a SPAC. Special purpose acquisition companies have boomed in recent years—and officials… Read More »
Civil RICO Lawsuits, Enterprises, And Sole Proprietorships: What You Need To Know
In order to bring a successful civil RICO claim under federal law or Florida state law, a plaintiff must prove that the defendant(s) acted as part of an “enterprise.” An enterprise is a commercial association with a “fundamental structure” that has the following three characteristics: A genuine relationship between all parties named; An association… Read More »
The Basics Of Licensing Agreements
You’ve probably heard of licensing agreements. But what are they? And how can they be helpful to your business? Why Use Licensing Agreements? Unlike selling something on your own—such as software, or intellectual property—you give someone else permission to use it or sell it, and you share, to some extent, in the profits. Licensing… Read More »
Understanding Contractual Indemnity
Indemnity clauses appear in all kinds of contracts. The word indemnity is commonly used in law, and in business—yet many businesses that enter into contracts have no idea what it means, or what the ramifications may be when the term is used. The best way to understand what an indemnity agreement is is by… Read More »
Can An Employee Be Fired For Using Legal Medical Marijuana?
Medical marijuana is legal in Florida. But you may not want it in your business or in your workplace, for your own reasons. Certainly, you have the right to run your workplace as you see fit, within the confines of the law. On the other hand, can you legally fire someone who is using… Read More »
Shareholder Lawsuit: Elon Musk Testifies In SolarCity Acquisition Case
According to a report from CNBC, Elon Musk recently testified in a shareholder lawsuit related to Tesla’s $2.6 billion acquisition of SolarCity. Notably, Mr. Musk, the CEO of Tesla, also previously served as the Chairman of SolarCity. Some shareholders alleged that Mr. Musk—along with some other Tesla board members—personally gained from the company’s acquisition… Read More »
South Florida Court Dismisses Civil RICO Claim In Zantac Case
On June 30th, 2021, the United States District Court Southern District of Florida dismissed a civil RICO lawsuit in a class action Zantac case. A popular heartburn medication, Zantac (ranitidine) was recalled by the FDA after being linked to several types of cancer. Without weighing in on the product liability question, the Florida court… Read More »
Consumers File Class Action FDUTPA Against Toyota
According to a report from Law 360, a group of consumers has filed a class action lawsuit under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) against Toyota. According to the allegations raised in the complaint, Toyota and several Florida-based auto dealerships knowingly marketed and sold vehicles with defective HVAC systems. In this… Read More »
Fiduciary Duties In A Corporate Law Environment
We know that if you sign a contract, you owe some kind of duty or obligation to the other side. The same holds true if there’s a law that says that there is a duty, such as the duties that attorneys or doctors may have to their patients or clients. But can you be… Read More »